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STATE v. CANNON

C910933CR; CA A75456.

900 P.2d 529 (1995)

135 Or. App. 561

STATE of Oregon, Respondent, v. Derek Jay CANNON, Appellant.

Court of Appeals of Oregon.

Decided July 26, 1995.

Attorney(s) appearing for the Case

Jeff Price, Portland, argued the cause and filed the briefs for appellant.

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

DEITS, Presiding Judge.

Defendant appealed from his sentence following his conviction for murder. ORS 163.115(1). We affirmed without opinion. State v. Cannon, 128 Or.App. 60, 875 P.2d 546 (1994). The Supreme Court has remanded for reconsideration in the light of State v. Kephart, 320 Or. 433, 887 P.2d 774 (1994). State v. Cannon, 321 Or. 46,

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